Legal Question in Real Estate Law in Texas

I have a guy who bought a house from me a couple of years back on a "rap around mrtg" (filed and recorded), then decided he couldn't afford it, and with the advice from his laywers quit claimed it back to me. He says I gave him an out do to some unpaid taxes. Now he is sueing me for the money that he paid into the house (40k), and wanting to put a forced judgement. Does he have a leg to stand on?


Asked on 2/19/10, 11:15 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Once you have a contract and sale, there aren't "do-overs." The lawsuit will be a nuisance and he will probably lose. He can't quitclaim the property back to you without your consent. In fact, in Texas, we don't use quit claim deeds for other reasons which makes me wonder about his lawyer. The unpaid taxes don't give him an out - his remedy was a suit against you to pay the taxes. I don't think he would win, but you will have the inconvenience and expense of defending your position. You need a good real estate lawyer who litigates.

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Answered on 2/25/10, 5:17 am


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